AI Assistant
Notifications
Clear all

Further subdivisions

11 Posts
8 Users
0 Reactions
915 Views
dmyhill
(@dmyhill)
Posts: 3080
Member
Topic starter
Translate
English
Spanish
French
German
Italian
Portuguese
Russian
Chinese
Japanese
Korean
Arabic
Hindi
Dutch
Polish
Turkish
Vietnamese
Thai
Swedish
Danish
Finnish
Norwegian
Czech
Hungarian
Romanian
Greek
Hebrew
Indonesian
Malay
Ukrainian
Bulgarian
Croatian
Slovak
Slovenian
Serbian
Lithuanian
Latvian
Estonian
 

From WA Code

"...PROVIDED, That such regulations must contain a requirement that land in short subdivisions may not be further divided in any manner within a period of five years without the filing of a final plat..."

Question:

Given that you have just completed a short subdivision, can you immediately turn around and plat one of the resulting lots using the (full) platting process?

Of interest to the discussion would be the definition of a "final plat"...

"'Final plat' is the final drawing of the subdivision and dedication prepared for filing for record with the county auditor and containing all elements and requirements set forth in this chapter and in local regulations adopted under this chapter."

(The context is a city, but their code mirrors the state code.)


 
Posted : April 19, 2023 2:17 pm
dmyhill
(@dmyhill)
Posts: 3080
Member
Topic starter
Translate
English
Spanish
French
German
Italian
Portuguese
Russian
Chinese
Japanese
Korean
Arabic
Hindi
Dutch
Polish
Turkish
Vietnamese
Thai
Swedish
Danish
Finnish
Norwegian
Czech
Hungarian
Romanian
Greek
Hebrew
Indonesian
Malay
Ukrainian
Bulgarian
Croatian
Slovak
Slovenian
Serbian
Lithuanian
Latvian
Estonian
 

My answer is, "Yes!"

The code (to me) clearly is allowing further subdivision that is subject to the full platting process, full review, and approval by the legislative body of that jurisdiction (or however approval has been delegated by them). It seems the only logical explanation for the exception. 

Someone tell me how I am wrong.


 
Posted : April 19, 2023 2:20 pm
Norman_Oklahoma
(@norman-oklahoma)
Posts: 8310
Member
Translate
English
Spanish
French
German
Italian
Portuguese
Russian
Chinese
Japanese
Korean
Arabic
Hindi
Dutch
Polish
Turkish
Vietnamese
Thai
Swedish
Danish
Finnish
Norwegian
Czech
Hungarian
Romanian
Greek
Hebrew
Indonesian
Malay
Ukrainian
Bulgarian
Croatian
Slovak
Slovenian
Serbian
Lithuanian
Latvian
Estonian
 

"Short Plat" and "Short Subdivision" being a terminology unique to the State of Washington. It means a subdivision of no more than eight lots (by state law, individual counties and cities may restrict that number further).  It is subject to much less regulatory review and utility development than a larger "full subdivision".  


 
Posted : April 19, 2023 2:33 pm
dmyhill
(@dmyhill)
Posts: 3080
Member
Topic starter
Translate
English
Spanish
French
German
Italian
Portuguese
Russian
Chinese
Japanese
Korean
Arabic
Hindi
Dutch
Polish
Turkish
Vietnamese
Thai
Swedish
Danish
Finnish
Norwegian
Czech
Hungarian
Romanian
Greek
Hebrew
Indonesian
Malay
Ukrainian
Bulgarian
Croatian
Slovak
Slovenian
Serbian
Lithuanian
Latvian
Estonian
 

@norman-oklahoma 

Some additional background. We had some push back from a planner about our plans. And, to be fair, this is a very rare set of facts. 


 
Posted : April 19, 2023 2:40 pm
tfdoubleyou
(@tfdoubleyou)
Posts: 137
Member
Translate
English
Spanish
French
German
Italian
Portuguese
Russian
Chinese
Japanese
Korean
Arabic
Hindi
Dutch
Polish
Turkish
Vietnamese
Thai
Swedish
Danish
Finnish
Norwegian
Czech
Hungarian
Romanian
Greek
Hebrew
Indonesian
Malay
Ukrainian
Bulgarian
Croatian
Slovak
Slovenian
Serbian
Lithuanian
Latvian
Estonian
 

Various counties in North Carolina have 'Minor' and 'Major' subdivisions. Definitions vary, but sounds like it's the same type of thing. Many have the same requirement that once some number of subdivisions has been completed on a single parent parcel, all following subdivisions must be treated as major, even if they could otherwise be classified as minor.


 
Posted : April 20, 2023 2:20 pm

eapls2708
(@eapls2708)
Posts: 1907
Member
Translate
English
Spanish
French
German
Italian
Portuguese
Russian
Chinese
Japanese
Korean
Arabic
Hindi
Dutch
Polish
Turkish
Vietnamese
Thai
Swedish
Danish
Finnish
Norwegian
Czech
Hungarian
Romanian
Greek
Hebrew
Indonesian
Malay
Ukrainian
Bulgarian
Croatian
Slovak
Slovenian
Serbian
Lithuanian
Latvian
Estonian
 

From WA Code

"...PROVIDED, That such regulations must contain a requirement that land in short subdivisions may not be further divided in any manner within a period of five years without the filing of a final plat..."

Question:

Given that you have just completed a short subdivision, can you immediately turn around and plat one of the resulting lots using the (full) platting process?

 

NO.  The Short Plat process is a simpler platting process that lacks many of the requirements of a the full platting process.  As I recall, a Short Plat can still be accomplished using entirely record info.

"may not be further divided in any manner within a period of five years" means just what it says.  Go no further unless you take that entire Short Plat and resubmit it "filing of a final plat..." of the whole division accomplished in the Short Plat, subjecting that division to the full process and requirements of the full platting process.


 
Posted : April 30, 2023 5:13 pm
Tim Libs
(@tim-libs)
Posts: 102
Member
Translate
English
Spanish
French
German
Italian
Portuguese
Russian
Chinese
Japanese
Korean
Arabic
Hindi
Dutch
Polish
Turkish
Vietnamese
Thai
Swedish
Danish
Finnish
Norwegian
Czech
Hungarian
Romanian
Greek
Hebrew
Indonesian
Malay
Ukrainian
Bulgarian
Croatian
Slovak
Slovenian
Serbian
Lithuanian
Latvian
Estonian
 

I believe if truly following the verbiage from the state code, then yes, I agree with your synopsis, but a lot of municipalities (at least near me) have added additional verbiage that makes it clear no further subdivision is allowed within 5 years, period.


 
Posted : April 30, 2023 7:43 pm
dave-lindell
(@dave-lindell)
Posts: 1684
Member
Translate
English
Spanish
French
German
Italian
Portuguese
Russian
Chinese
Japanese
Korean
Arabic
Hindi
Dutch
Polish
Turkish
Vietnamese
Thai
Swedish
Danish
Finnish
Norwegian
Czech
Hungarian
Romanian
Greek
Hebrew
Indonesian
Malay
Ukrainian
Bulgarian
Croatian
Slovak
Slovenian
Serbian
Lithuanian
Latvian
Estonian
 

Wave some money in their faces (not bribery, new fees!) and see what exceptions might be made.


 
Posted : April 30, 2023 8:09 pm
oldpacer
(@oldpacer)
Posts: 655
Member
Translate
English
Spanish
French
German
Italian
Portuguese
Russian
Chinese
Japanese
Korean
Arabic
Hindi
Dutch
Polish
Turkish
Vietnamese
Thai
Swedish
Danish
Finnish
Norwegian
Czech
Hungarian
Romanian
Greek
Hebrew
Indonesian
Malay
Ukrainian
Bulgarian
Croatian
Slovak
Slovenian
Serbian
Lithuanian
Latvian
Estonian
 

I hate it when they make you put regulatory verbiage on a record plat that will be violated and become meaningless in a few months.


 
Posted : May 1, 2023 10:09 am
WA-ID Surveyor
(@wa-id-surveyor)
Posts: 982
Member
Translate
English
Spanish
French
German
Italian
Portuguese
Russian
Chinese
Japanese
Korean
Arabic
Hindi
Dutch
Polish
Turkish
Vietnamese
Thai
Swedish
Danish
Finnish
Norwegian
Czech
Hungarian
Romanian
Greek
Hebrew
Indonesian
Malay
Ukrainian
Bulgarian
Croatian
Slovak
Slovenian
Serbian
Lithuanian
Latvian
Estonian
 

Given that you have just completed a short subdivision, can you immediately turn around and plat one of the resulting lots using the (full) platting process?

Yes, that is the precise intent of the code.

 

As I recall, a Short Plat can still be accomplished using entirely record info.

That is incorrect.  A plat is a survey, which requires a boundary survey and most likely some sort of topographic survey.


 
Posted : May 1, 2023 2:32 pm

dmyhill
(@dmyhill)
Posts: 3080
Member
Topic starter
Translate
English
Spanish
French
German
Italian
Portuguese
Russian
Chinese
Japanese
Korean
Arabic
Hindi
Dutch
Polish
Turkish
Vietnamese
Thai
Swedish
Danish
Finnish
Norwegian
Czech
Hungarian
Romanian
Greek
Hebrew
Indonesian
Malay
Ukrainian
Bulgarian
Croatian
Slovak
Slovenian
Serbian
Lithuanian
Latvian
Estonian
 

Given that you have just completed a short subdivision, can you immediately turn around and plat one of the resulting lots using the (full) platting process?

Yes, that is the precise intent of the code.

 

As I recall, a Short Plat can still be accomplished using entirely record info.

That is incorrect.  A plat is a survey, which requires a boundary survey and most likely some sort of topographic survey.

 

FWIW, the land use attorney we consulted agrees with WA-ID Surveyor...no one ever thought it wasn't possible until the other day. We thought the language was so obvious, but there does appear to be at least some ambiguity. 

 


 
Posted : May 1, 2023 6:36 pm